Legal Opinion

Schuster v. Merrill

Arizona Supreme Court

Decided October 7, 1940No. Civil No. 4197PublishedCited by 12 opinions

1Opinion of the CourtRoss, C. J.

In this action Louise A. Schuster seeks to recover a judgment against Roy N. Merrill, as sheriff of Maricopa county, and the United States Fidelity & Guaranty Company, his surety, for the failure and neglect of said sheriff to carry out the commands of a writ of execution placed in his hands for the purpose of levying upon the property of the judgment debtor to satisfy a judgment. The court sustained a general demurrer to the complaint and ordered the complaint dismissed. From the order sustaining demurrer and the judgment of dismissal the plaintiff has appealed.

It is contended by the…

2Cases cited5 opinions

  1. Gaston v. GastonCalifornia Supreme Court · 1896
  2. DeUprey v. DeUpreyCalifornia Supreme Court · 1863
  3. Thompson v. LaughlinCalifornia Supreme Court · 1891
  4. Brichman v. RossCalifornia Supreme Court · 1885
  5. Pankewicz v. JessCalifornia Court of Appeal · 1915

3Cited by12 opinions

  1. Jarvis v. JarvisCourt of Appeals of Arizona · 1976
  2. Gillespie v. GillespieArizona Supreme Court · 1952
  3. Ibach v. IbachArizona Supreme Court · 1979
  4. Bruce v. FroebCourt of Appeals of Arizona · 1971
  5. Hollingshead v. HollingsheadWyoming Supreme Court · 1997

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